PARASA KOTESWARARAO Vs. EEDE SREE HARI AND ORS.

JUDGEMENT

(1.) The present case involves a gruesome murder. The head was actually decapitated from the body, was put into a gunny sack, and thrown into a canal roughly 10 kms. away from the place of the murder. All this is supposed to have taken place on 15.12.2000, and suffice it to say that the Court of Sessions outlined a large number of points, all of which can be placed under five heads, namely, i) the motive for killing the deceased; ii) last seen theory; iii) recovery of the dead body in a gunny sack together with clothes and a knife; iv) the fact that the two accused persons, who were stated to be brothers, were absconding after the incident and v) the fact that Accused No.2 gave false information to PW-1, who is the father of the deceased, as to the whereabouts of the deceased.

(2.) The Sessions Court, on a combination of the aforesaid five factors, ultimately held the two accused guilty of murder and sentenced them to imprisonment for life.

(3.) In appeal to the High Court of Judicature, Andhra Pradesh at Hyderabad, the Division Bench of the High Court found that the case being one of circumstantial evidence, the chain is not complete; all that remains is suspicion which cannot take the place of proof beyond reasonable doubt. Accordingly, the High Court acquitted the two accused. Being aggrieved, the Complainant preferred this appeal, by way of special leave.